Mancinelli et al. v. Barrick Gold Corp. et al., 2016 ONCA 571

• Judge: Strathy, C.J.O., Pepall and D. Brown, JJ.A.
• Court: Court of Appeal (Ontario)
• Case Date: April 27, 2016
• Jurisdiction: Ontario
• Citations: 2016 ONCA 571;(2016), 350 O.A.C. 389 (CA)

Mancinelli v. Barrick Gold Corp. (2016), 350 O.A.C. 389 (CA)

MLB headnote and full text

Temp. Cite: [2016] O.A.C. TBEd. JL.015

Joseph S. Mancinelli, Carmen Principato, Douglas Serroul, Luigi Carrozzi, Manuel Bastos, Jack Oliveira and Cosmo Mandella, in their capacity as the Trustees of the Labourers' Pension Fund of Central and Eastern Canada, Mike Gallagher, Joe Redshaw, Rick Kerr, Alex Law, Brian Foote, Ron Martin, John Hartley, Nick Dekoning and Joe Keyes, in their capacity as the Trustees of International Union of Operating Engineers, Local 793, Members Pension Benefit Trust of Ontario and Michael Wiener (plaintiffs/appellants) v. Barrick Gold Corporation, Aaron Regent, Jamie Sokalsky, Ammar Al-Joundi and Peter Kinver (defendants)

The Trustees of the Drywall Acoustic Lathing and Insulation Local 675 Pension Fund and Royce Lee (plaintiffs/respondents in appeal) v. Barrick Gold Corporation, Aaron Regent, Jamie Sokalsky, Ammar Al-Joundi and Peter Kinver (defendants)

(C61288; 2016 ONCA 571)

Indexed As: Mancinelli et al. v. Barrick Gold Corp. et al.

Ontario Court of Appeal

Strathy, C.J.O., Pepall and D. Brown, JJ.A.

July 18, 2016.

Summary:

In a "carriage motion", two consortia of law firms litigated the right to represent the class in competing proposed securities class actions against Barrick Gold Corp. and four of its executives. The motion judge awarded carriage to a group led by Rochon Genova LLP (collectively, "Rochon"), and stayed an action brought by plaintiffs represented by Koskie Minsky LLP and others (collectively, "Koskie"). He preferred Rochon's broader claims and more extensive preparation to Koskie's more streamlined approach. Koskie moved for leave to appeal.

The Ontario Divisional Court, per Nordheimer, J., in a decision reported at (2014), 330 O.A.C. 94, granted Koskie's motion for leave to appeal.

The Ontario Divisional Court, in a decision reported at (2015), 334 O.A.C. 324, dismissed the appeal. Koskie appealed.

The Ontario Court of Appeal dismissed the appeal. "The motion judge applied the multi-factor test set out in Vitapharm Canada Ltd. v. F. Hoffman-Laroche Ltd. ... . He made findings of fact in applying the factors to the competing consortia and determined the weight to be given to those factors. His findings are entitled to deference. The appellants demonstrated no legal error in the application of the test."

Practice - Topic 209.9

Persons who can sue and be sued - Individuals and corporations - Status or standing - Class actions - Appeals (incl. leave to appeal) - See paragraphs 23 to 39.

Practice - Topic 210.2

Persons who can sue and be sued - Individuals and corporations - Status or standing - Class actions - Procedure - Multiple or competing actions (incl. appointment of lead counsel) - See paragraphs 1 to 77.

Practice - Topic 210.7

Persons who can sue and be sued - Individuals and corporations - Status or standing - Class or representative actions - Procedure - Counsel (incl. choice of, instruction of, etc.) - See paragraphs 1 to 77.

Practice - Topic 5251

Trials - General - Consolidation of actions - Carriage of action (dominus litis) - See paragraphs 1 to 77.

Counsel:

Paul Pape, Shantona Chaudhury and Joanna Nairn, for the appellants;

W.A. Derry Millar and Peter Jervis, for the respondents;

Kent E. Thomson and Steven G. Frankel, for the defendants.

This appeal was heard on April 27, 2016, before Strathy, C.J.O., Pepall and D. Brown, JJ.A., of the Ontario Court of Appeal. In reasons written by Strathy, C.J.O., the Court delivered the following judgment, released on July 18, 2016.